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02/05/1980 - City Council Regular 0C..a2: MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 5, 1980 A regular meeting of the Eagan City Council was held on February 5, 1980, at 6:30 p.m. at the Eagan City Hall. Those members present were: Mayor Blom- quist, Council Members Parranto, Wachter, Smith and Egan. Also present were City Administrator Hedges, City Public Works Director Colbert, City Engineer Rosene, and City Attorney Hauge. MINUTES The Council reviewed the minutes of the regular meeting of January 15, 1980, and the special meeting of January 17, 1980. Smith moved and Egan seconded the motion to approve the minutes of the January 22 meeting and the January 15 meeting with changes on the latter at Page 6 to substitute "written ballot" for "secret ballot". All members voted yes. LEAGUE OF WOMEN VOTERS Members of the local League of Women Voters were present and presented the Council with a birthday cake commemorating the 60th Anniversary of the League of Women Voters. POLICE DEPARTMENT Police Chief Martin DesLauriers was present. Mr. DesLauriers recommended approval by the Council of a Mutual Aid Police Pact with the City of Bloomington comparable to other mutual aid agreements entered into by the City. The Council reviewed the agreement and upon motion by Parranto and seconded by Wachter, the agreement was approved subject to final draft approval by the staff. All members voted in favor. A 80-3 FEBRUARY 6, 1980, SPECIAL CITY COUNCIL MEETING Smith moved and Parranto seconded the motion to schedule a special meeting of the Eagan City Council on February 6 at 6:30 p.m. at the City Hall to review miscellaneous items including discussion of police car acquisition. All members voted in favor. RULES OF PROCEDURE FOR COUNCIL MEETINGS The Council reviewed a draft of Council Rules of Procedure and discussed revisions including time for presentation by applicants and other members of the audience at Council meetings. Blomquist moved and Smith seconded the motion to approve the procedures as revised by the Council. All members voted yes. D 80-11 000 City Council Minutes February 5, 1980 Page Two PROJECT #244 - DURNING'S ADDITION UTILITIES The Mayor convened the assessment hearing regarding Durning's Addition water, sewer and storm sewer improvements. There were no objections to the assess- ment roll. Mr. Colbert explained the assessments to the Council. Smith moved and Parranto seconded the motion to close the hearing, to approve the assessment roll and authorize the City Clerk to certify it to the County Auditor. All members voted yes. PROJECT #251 - HEINE ADDITION LIGHTING The next assessment hearing convened by the Mayor covered Improvement Project #251 relating to Heine First Addition street lighting. There were no ob- jections to the roll. Mr. Colbert explained the assessments. Egan moved and Wachter seconded the motion to approve the assessment roll, to close the hearing and to authorize certification of the roll to the County Auditor. All members voted in favor. WILDERNESS RUN FIRST AND THIRD ADDITION STREET LIGHTING Mayor Blomquist then convened the public hearing regarding Improvement Project #291 relating to Wilderness Run First and Third Addition street lighting. A petition had been received from affected property owners requesting a feasibility study. There were no objections to the proposal. Mr. Colbert and Mr. Rosene ex- plained the project. Councilman Parranto indicated he was an affected property owner and withdrew from consideration on the issue. Tom Gits appeared in favor of the proposal and there were no objections. Smith moved and Wachter seconded the motion to close the hearing, to order in the project and to authorize preparing the plans and specifications with the understanding there would be no assessment nor benefit to Lot #20 consisting of the Arnold Carlson property. All members voted yes, except Parranto who abstained. PROJECT #295 - CEDAR CLIFF ADDITION Mayor Blomquist then convened a public hearing regarding Improvement Project #295 consisting of Cedar Cliff Addition regarding utility and street improve- ments. There were no objections and Mr. Steve Ryan appeared for the developers of Cedar Cliff Addition. Engineer Rosene explained the project, including Phases 1 and 2 and noted that only Phase 1 will be constructed at the present time. Mr. Wallace Burow had concerns regarding elevations and drainage into the Burow pond adjacent to the Cedar Cliff Addition. There were no objections to the project. The rates for assessments were also discussed and it was noted that rates for assess- ments for the project would be those in effect when each project is ordered in by the Council. Blomquist moved and Egan seconded the motion to close the hearing and to order in the project for the first phase only. All members voted yes. Par- ranto moved and Wachter seconded the motion to authorize the City Engineer to pre- pare the plans and specifications pursuant to petition by the developer for Phase 1 for sewer, water and storm sewer improvements; further, to approve the plans and specifications as presented by the staff with the Clerk authorized to advertize for bids to be opened March 6, 1980, at 3:00 p.m. at the City Hall. All members voted yes. City Council Minutes February 5, 1980 Page Three ROAD MACHINERY AND SUPPLY COMPANY IDR BOND ISSUE The public hearing concerning the application of Road Machinery and Supply Company for Industrial Revenue Bonding for the $3.5 million dollar facility at Cedar and Highway 13 was next convened by the Mayor. Mr. Russell Prince of Juran and Moody and Mr. Michael Sill of Road Machinery were present and presented the proposal. It was estimated there would be 140 to 150 new employees for the facility and a new site plan was reviewed by the Council. It was noted that the new site plan had not been submitted to the City and that a revised plat would be required because of the location of the proposed buildings. Also, it was noted that certain utility lines that have been installed may have to be moved and easements will be required. Parranto moved and Wachter seconded the motion to approve the resolution authorizing the Industrial Revenue Bonding subject to fulfilling normal City require- ments including approval of the final plat together with necessary utility installa- tions. All members voted yes. SEE BOND FILE OFF SALE LIQUOR - MARK McCREA Mr. and Mrs. Mark McCrea appeared on behalf of their application for off-sale liquor license in the James Refrigeration Shopping Center project at Pilot Knob Road and County Road No. 30. A letter from the City Attorney's office indicating there is no provision for variance from the 300 foot distances from churches and schools provided under Ordinance No. 42 and several suggestions were discussed con- cerning revision of the ordinance, provision for variance, etc. A representative of Beautiful Savior Lutheran Church was present and stated the church members favored retaining the 300 foot provision of the ordinance. There were discussions concerning revisions to the on and off sale liquor ordinance and on and off sale 3.2 beer ordi- nance provisions regarding distance from churches and schools. Wachter moved and Egan seconded the motion to deny the application on the basis of the 300 foot pro- vision from an existing church and the opposition by Beautiful Savior Lutheran Church to the application under the ordinance provision. All members voted in favor. TAX EXEMPT MORTGAGE PROGRAM City Administrator Hedges discussed with the Council and members of the audience a proposed tax exempt mortgage program for the City and updated those present regarding the program. Mr. Richard Lincoln of Miller & Schroeder Municipals, Inc., was present and there was discussion concerning selection of lenders noting that First Minnehaha National Bank and Mid-America National Bank of Eagan are in- terested lenders. It was further noted that Minnesota Federal has decided not to participate as a lender and the special counsel for the bond project, Mr. James Holmes, suggested recommending to the Council that it solicit interest from other potential lender banks in the general area. A list of recommendations from Miller & Schroeder concerning the following participants in the City's program were discus- sed by the Council: IV 111~0 City Council Minutes February 5, 1980 Page Four 1. Program Administrator - recommended Banco Mortgage Company 2. Trustee - recommended First Trust Company of St. Paul 3. Mortgage Pool and Special Hazard Insurer - recommended MGIC, Inc. Mr. Lincoln explained the recommendations and indicated he would not oppose the other proposed bidders but explained the detailed reasons for the recommendations, including those outlined in the Miller & Schroeder letter of February 4, 1980. Smith moved and Parranto seconded a motion to adopt the recommendations of Miller & Schroeder explained above and to approve those participants in the program. All members voted in favor. Finance Committee members indicated they would have recom- mended three local banks, but because of potential technical problems with only two, Smith moved and Blomquist seconded a motion to seek additional proposals through the consultant and staff from other lender participants. All members voted in favor. R 80-5 SAFARI ESTATES IMPROVEMENTS #79-17 It was noted that easements have now been acquired for the Safari Estates improvements although the site for the proposed water reservoir has not been acquired. Smith moved and Egan seconded the motion to approve the contract with Austin P. Keller Construction Company, and authorize its execution according to the recommen- dation of the Public Works Director. All members voted yes. GORDON LEIBEL REZONING AND PRELIMINARY PLAT Mr. Al Bahrani appeared regarding the application of Gordon and Doris Leibel for rezoning from Agricultural to L.B., Limited Business, and preliminary plat approval for a small business parcel at 3850 Beau d'Rue Drive. It was noted the parking plan had not been submitted and is expected to be done by February 19. Parranto moved and Egan seconded a motion to continue the application until February 19, 1980. All members voted in favor. SILVER BELL SHOPPING CENTER MONTESSORI SCHOOL Mr. Jerry Brill, attorney, and Mr. Marshall Everson, owner of the La Pepinierre Montessori School currently located at Easy Street Apartments on Silver Bell Road, appeared and requested that the Council reconsider its application for special permit to locate the school in Silver Bell Shopping Center. The application had been denied by the Council in November, 1979, for reasons including those outlined in the minutes of that meeting. Mr. Brill requested a rehearing and Council persons indicated that they had reviewed the evidence in detail since the November meeting and as a result of telephone calls received by them from Mr. and Mrs. Evenson, the information in the letter from Mr. Brill of January 20, 1980, the presentation at the present meeting and additional review, that there was no new information submitted and stated that they did not deem it appropriate to reconsider the application sub- mitted at the November meeting. There was no motion or other action taken by the Council. City Council Minutes February 5, 1980 Page Five GENERAL COATINGS, INC., TEMPORARY TRAILER PERMIT An application by Mr. James Imre, owner of General Coatings, Inc., for temporary office trailer to be located at 2805 Dodd Road was next discussed. The trailer would exist on the property only until the new office building is erected. Blomnquist moved and Parranto seconded a motion to approve the application on a tem- porary basis. All members voted in favor. CHES MAR EAST SECOND ADDITION FINAL PLAT Mr. David Gabbert appeared on behalf of the Gabbert Development, Inc., application for final plat approval of Ches Mar East Second Addition. It was noted the final plat, development agreement, park dedication and other conditions appeared to be in order. Egan moved and Smith seconded the motion to approve the final plat subject to compliance with all City requirements. All members voted yes. R 80-6 D 80-12 FISH LAKE STORM SEWER OUTLET - IMPROVEMENT 80-5 The plans for improvement 80-5 for Fish Lake Outlet Improvement Project #279 were submitted by the Public Works Director. It was noted that easements through portions of the property have not been committed and the staff therefore recommended that the matter be continued until February 19. Blomquist moved and Smith seconded the motion to continue the matter until February 19, 1980, as recommended by the staff. All members voted yes. CHES MAR EAST SECOND ADDITION - IMPROVEMENT 80-8 A petition from Gabbert Development, Inc., for installation of utility and street improvements for Ches Mar East Second Addition consisting of Project 301 - Improvement 80-8 was next submitted. Egan moved and Wachter seconded the motion, all members voted in favor to authorize the Engineer to prepare the feasibility report and also to prepare the plans and specifications for submission to Council. All members voted yes. LA PEPINIERE MONTESSORI SCHOOL AND DAKOTA COUNTY CAC CONDITIONAL USE PERMITS The applications for the conditional use permits for La Pepiniere Montes- sori School in Easy Street Apartments and Dakota County CAC on Nicols Road were next submitted. Smith moved and Egan seconded the motion to approve the applications. All members voted in favor. D 80-13 WILDERNESS RUN FIRST ADDITION UTILITY EASEMENT VACATION There was discussion by the Council concerning the proposed vacation of utility easements in Wilderness Run First Addition Block One and no action was taken because of negotiations with the attorney for the buyer for one of the resi- dential lots. J City Council Minutes February 5, 1980 Page Six FEASIBILITY REPORTS The City Engineer submitted the following Feasibility Reports: 1. Project #285 - Silver Bell Road Utilities 2. Project #292 - Highview Avenue Street Improvements 3. Project #296 - Imre Addition Utilities 4. Project #298 - Johnny Cake Ridge Road Street Improvements 5. Project #299 - Northview Elementary School Sanitary Sewer 6. Project #300 - James Refrigeration Utilities The City Engineer recommended approval of the reports. Smith moved and Parranto seconded the motion to approve the Feasibility Reports and to authorize the clerk to schedule the hearing for Project #300 for February 19, 1980, and the other five (5) reports as listed for March 4, 1980, at 7:00 p.m. at the City Hall. All members voted in favor. FIRE DEPARTMENT City Administrator Hedges indicated Chief Childers had requested the Council not act on the request for the shower installation in the two fire stations because of the excessive cost. No action was taken. CITY CLEANUP The request from the Fire Department for up to $2,000 for costs involved in the City cleanup schedule for April 20th to 26th was next discussed. It was noted it was not a budgeted item. Parranto moved and Egan seconded the motion to approve the expenditure of up to $2,000 for that purpose. All members voted yes. PROPERTY RESEARCH VS. CITY OF EAGAN City Attorney Paul Hauge briefly reviewed the results of the Supreme Court decision regarding Property Research vs. City of Eagan concerning the proposed subdivision of Carriage Hills Addition on Lexington Avenue consisting of a proposed single family plat of 15 acres. It was noted that the District Court had ruled in favor of the developer, Property Research, which had requested the City Council to approve the plat. The Supreme Court reversed and indicated that the Council had the right to refuse to approve the final plat. I-35E SUPREME COURT DECISION The Council Members then discussed the Supreme Court decision recently handed down regarding the bridge permit for Blackhawk Lake and noted that the Supreme Court ruled in favor of the A-2 alighment. The City Administrator was requested to place the matter on the agenda of the February 19th meeting for status update for informational purposes only. City Council Minutes February 5, 1980 Page Seven CAMERON COURT LETTER OF CREDIT A request for reduction in the Letter of Credit for Cameron Court Addition was recommended for approval by the Public Works Director from $19,380 to $9,250 was next considered. Egan moved and Parranto seconded the motion to approve the recommendation. All members voted yes. ANIMAL POUND HOURS The owners of the Eagan Animal Pound, Mr. and Mrs. William Abel, requested that hours be restricted for dog pickup at the dog pound. Smith moved and Blomquist seconded the motion to recommend that the hours from 10 a.m. to 6 p.m. or as close as possible convenient with the dog pound owners' schedule be set up for animal pickup purposes. All members voted yes. ICE ARENA PROPOSAL Mr. Hedges indicated that he had met with representatives of various groups in the City interested in constructing an ice arena to be financed primarily from direct fund raising. The group has asked for a meeting with the City Council to review the proposal and the City Council scheduled a special meeting for February 28, 1980, at 6:30 p.m. at the City Hall for approximately 1z hour discussion. Blom- quist moved and Egan seconded the motion to schedule a meeting at 6:30 at the City Hall on February 28, 1980, and also to discuss the comprehensive plan at 8:00 p.m. All members voted yes. POWER GATE VALVE OPENER Mr. Colbert recommended the purchase of a power gate valve opener in the sum of $1,744.70 from Davies White Water Equipment Company. Wachter moved and Blomquist seconded the motion to approve the purchase. All members voted yes. PILOT KNOB BIKEWAY RESOLUTION A resolution requesting approval by the City Council of its intent to construct a bikeway between Yankee Doodle Road to 1-494 on Pilot Knob Road was next considered. Smith moved and Parranto seconded the motion to approve the resolution. All members voted in favor. R 80-7 CEDAR AVENUE FREEWAY NOISE BARRIERS There was discussion concerning a proposed public informational meeting regarding the creation of proposed noise barriers along Cedar Avenue. It was noted that an earlier meeting had been held and no further information had been given by MnDOT to the City. Wachter moved and Blomquist seconded the motion to schedule a public meeting for March, 1980, at Cedar Elementary School to consider the pro- posed noise barriers on Cedar Avenue. All members voted in favor. City Council Minutes February 5, 1980 Page Eight PARROTT CONSTRUCTION COMPANY - CLEARVIEW ADDITION The request for final payment from Parrott Construction Company for Improvement Project #235 consisting of $5,941.83 was next reviewed and recommended for approval by the Public Works Director. Wachter moved and Smith seconded the motion to approve the payment. All members voted yes. IMPROVEMENT PROJECT #231 - DUCKWOOD ESTATES UTILITIES The final payment request for Improvement Project #231 consisting of Duckwood Estates Utilities in the sum of $36,845.35 through Encon Utilities Company was next reviewed. The total amount was $36,845.35. Parranto moved and Wachter seconded the motion to approve the payment. All members voted in favor. PILOT KNOB ROAD AGREEMENT A proposed agreement for construction of County Road #31 between the County and the City from Yankee Doodle Road to proposed 1-494 was submitted for review. Mr. Colbert recommended approval. Wachter moved and Smith seconded the motion to approve the agreement subject to final staff approval. All members voted in favor. A 80-4 WILDERNESS RUN ROAD TRUNK UTILITIES A request for Dunn & Curry Real Estate Management, Inc., for assessment of sanitary sewer and water services adjacent to Wilderness Run road in Canterbury Forest Addition was next considered. Mr. Colbert recommended approval. Parranto moved and Egan seconded the motion to schedule a public hearing on the proposed assessments and to levy the assessments against the benefited property. All members voted in favor. WILDERNESS ROAD CONSTRUCTION A request from Dunn & Curry Real Estate Management, Inc., to complete the paving of Wilderness Run Road Easterly to the Eastern edge of Wedgewood Addition consisting of approximately 4,200 feet was next discussed. There was no action and the matter will be reviewed at a later time after the Council determines priori- ties for road construction. UTILITY DEPARTMENT VEHICLE Mr. Colbert recommended the purchase of a vehicle for the Utility Depart- ment which has been budgeted and discussed a number of quotations for several makes of x-body autos. Parranto moved and Blomquist seconded the motion to approve the purchase of Chevrolet Citation from Ridgedale Ford for $6,150 with full warranty. All members voted in favor. tl` i City Council Minutes February 5, 1980 Page Nine ENERGY CONFERENCE - INVER HILLS It was noted that an Energy Conference will be held at Inver Hills Com- munity College and it was recommended that the Planning Commission Chairman be autho- rized to attend. Parranto moved and Egan seconded the motion to authorize Planning Commission Chairman Harrison to attend at City expense and also that the City of Eagan co-sponsor the event. All members voted in favor. VOUCHERS Egan moved and Parranto seconded the motion to approve the following vouchers: 934-949; 9596-9690; 14383-14489. All members voted in favor. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 11:35 p.m. DATED: February 5, 1980 PHH City Clerk